ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE OF ILLINOIS
    v.
    )
    PCB 83—196
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    Pr~osal to Revoke Tax Certification.
    ORDER OF THE BOARD
    (by J.D.
    Dumelie):
    Recently enacted Public Act
    (P.A.) 83—0883, which became
    effective on September
    9,
    1983,
    amends the definition of
    “Pollution Control Facility”
    as contained in Section 21a—2 of
    the Illinois Revenue Act of 1939
    (Ill.
    Rev.
    Stat.
    Ch.
    120, par.
    502a-2)
    in the following manner:
    “For pu~ppsesof assessments made after January
    1,
    1983,
    “pollution control facilities”
    shall not include,_howey~
    a) any system, method,
    construction, device or appliance
    ~~j~purtenantthereto,
    designed, constructed,
    installed or
    2p~~~for the primary purpose of
    (i)
    eliminating~
    containing~preventing or reducing radioactive contami-
    nants or energy,
    or
    (ii) treating wastewater produced
    ~yj~J~ nuclear generation of electric power;
    b) any
    large diameter pipes or piping systems used to remove
    and disperse heat from water involved in the nuclear
    9~erationof electric power;
    or
    c) any equipment,
    construction, device
    or appliance appurtenant thereto,
    operated by any person other than
    a unit of government,
    whether within or outside
    of
    the_territorial boundaries
    of a unit of local government,
    for sewage d~pq~alor
    treatment.
    The Pollution Control
    Board shall revoke any prior
    certification in conflict with this amendatory act of
    1983 before January 1,
    1984.”
    Pursuant to this statutory directive,
    the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-89
    —2—
    Certification which were referred
    to the Board by the Illinois
    Environmental Protection Agency
    for decertification under this
    language.
    On the basis of this information,
    the Board finds
    that the facility which
    is the subject
    of this certification
    falls within subparagraph
    (c)
    of paragraph 502a-2 of the
    Illinois Revenue Act
    of 1939,
    as amended,
    (The information
    on which this belief
    is based is attached
    to
    this
    Order.)
    OPPORTUNITY FOR HEARING
    The Board will provide
    an
    opportunity for
    a hearing for
    any party
    to present contrary facts
    on this matter on December
    20,
    1983 at 9:00 a.m.
    at the Pollution
    Control
    Board_~fice,
    Suite
    300L
    309 W. Washington Street, Chica~~T11inois. However,
    a hearing will he scheduled
    in this matter only if,
    1) the Board
    receives a request for hearing, and 2)
    a short statement of the
    facts
    to be presented at hearing
    is filed with the Clerk of the
    Board by no later than 12:00
    n
    non December
    19,
    1983.
    Such
    statement of facts shall
    also be
    served on the Attorney General
    by no later than 12:00 noon onDecember~~1983. Requests
    for hearing i1~uldbe di~Ef~to Mr. Lee Cunningham at
    312/793—6923.
    At such hearing oral argument will be limited
    to 15 minutes for each party.
    Accompanying written submissions
    shall be limited to
    15 pages.
    The Board will hear cases in the
    order that
    it receives requests for hearing.
    This hearing will
    be conducted pursuant to the contested case provisions of the
    Illinois Administrative Procedure Act
    (Ill.
    Rev.
    Stat.
    Ch.
    127,
    par.
    1010—1018.)
    WRITTEN SUBMISSIONS
    IN
    LIEU_OF HEARING
    If no facts are contested,
    legal
    argument on this proposed
    revocation may be submitted
    in written form rather than at
    hearing.
    Legal briefs on this matter must he filed with the
    Clerk of the Board at Suite 300,
    309 W. Washington Street,
    Chicago, Illinois 60606, and served on the Attorney General,
    no later than 5:00 p.m.
    on December 20,
    1983.
    Responsive legal
    briefs may be filed no
    later than_12:00 noon on December
    27,
    1983.
    All briefs shall he
    limited to no more than 15 pages.
    FINAL ORDER
    The Board proposes
    to adopt a Final Order which may revoke
    this Certification on or before December 28,
    1983.
    Due to the
    impending statutory deadline for revocation of affected certi-
    fications,
    no motions for reconsideration or stay of the Final
    Order in this matter will
    he heard by the Board.
    As provided
    in paragraph 502a—7 of the
    Illinois Revenue Act of 1939, as
    amended,
    appeal
    of the Board’s Final Order may be made to the
    55-90
    —3—
    Circuit Court pursuant to the Administrative Review Act
    (Ill.
    Rev.
    Stat.
    Ch.
    110, pars.
    264 et seq.)
    IT IS
    SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control poard,
    hereby certify that the above Order was adopted
    on the~~_~_day~
    1983 by
    a vote
    o
    f_~~9
    ____
    Christan L. Moff~frL~j
    Clerk
    Illinois Pollution Control Board
    55-91

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